People v. Freeman CA2/2

INTRODUCTION

Appealing his convictions of possession of marijuana for sale and carrying a loaded weapon after defending with the California Compassionate Use Act, defendant asserts that the trial court prejudicially erred in instructing the jury and that the prosecutor committed prejudicial misconduct. We affirm.

PROCEDURAL BACKGROUND

A jury convicted defendant Lanier Freeman of possession of marijuana for sale in violation of Health and Safety Code1 section 11359 (count 1) and of carrying a loaded weapon in a vehicle in violation of Penal Code section 25850, subdivision (a) (count 3). The jury acquitted defendant of a charge that he was carrying a loaded weapon on his person (Pen. Code, § 25850, subd. (a)) (count 2). After denying a new trial motion, the trial court imposed and then suspended sentence on defendant. The court placed defendant on three years of formal probation on count 1, with concurrent summary probation as to count 3. The court ordered defendant to serve two days in county jail, with credit for time served. Defendant contends on appeal: (1) during argument, the prosecutor second- guessed the physician’s recommendation that defendant should use medical…